Legal Question in Criminal Law in California

Re: mariuana patient rights

He gets charged with the crime and has to defend with whatever evidence and legal argument available, including that his doctor authorized that amount. If this is in SoCal courts, and 'he' is serious about getting legal counsel, feel free to contact me.

Re: mariuana patient rights

There is no "legal limit." It's up to the prosecution to prove the amount was in excess of that which is medically necessary. If you are facing a charge of this nature, and you are in LA or Orange County, please feel free to give me a call to discuss.

Re: mariuana patient rights

I am sorry,but I do not understand the question or have enough facts to discuss any criminal ramifications. David Wallin

Re: mariuana patient rights

There ARE "limits" to how much you can possess under Health & Safety Code section 11362.77, but those can be exceeded if the doctor's recommendation is that the "legal" limits are not sufficient to meet the patient's medical needs.

In reality, the police and DA tend to look to the "legal" limits and go forward on any case that exceeds it, despite the exemption in the code. I've been able to show them just how wrong they are on several occasions, defeating all charges.

Re: mariuana patient rights

Contact a lawyer who is very familiar with medical marijuana laws.

If the amount is twice the limit allowed by SB 420 (8 ounces, etc.), the amount can still be consistent with personal medical use. You and your lawyer should argue that the SB 420 limits are unconstitutional and therefore reasonable personal medical use standard should apply. Unless there is evidence of sales or possession for sale, or there was lots and lots of weed, the outcome should be dismissal or, in the worst case, conviction for personal use and diversion/drug treatment only.

Feel free to contact my office for additional information.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

Re: mariuana patient rights

He gets charged with the crime and has to defend with whatever evidence and legal argument available, including that his doctor authorized that amount. If this is in SoCal courts, and 'he' is serious about getting legal counsel, feel free to contact me.

Re: mariuana patient rights

He gets charged with the crime and has to defend with whatever evidence and legal argument available, including that his doctor authorized that amount. If this is in SoCal courts, and 'he' is serious about getting legal counsel, feel free to contact me.